An Act to amend the Judges Act and to amend another Act in consequence

An Act to amend the Judges Act and to amend another Act in consequence

S.C. 2001, c. 7

Assented to 2001-06-14

An Act to amend the Judges Act and to amend another Act in consequence

SUMMARY

This enactment implements the federal government’s reponse to the report of the 1999 Judicial Compensation and Benefits Commission regarding compensation and benefits for judges.

It amends the Judges Act to increase judicial salaries and allowances, improve the current judicial annuities scheme and put into place a separate life insurance plan for federally appointed judges.

It also makes other consequential amendments to the Judges Act and the Supplementary Retirement Benefits Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. J-1 JUDGES ACT

Marginal note:R.S., c. 39 (3rd Supp.), subpar. 1(1)(c)(i)

1. Paragraphs 9(a) and (b) of the Judges Act are replaced by the following:

(a) The Chief Justice of Canada

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $254,500,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $254,500 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $254,500 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $254,500 and $198,000; and

(b) Eight puisne judges, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $235,700,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the judge and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $235,700 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the judge and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $235,700 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the judge and the salary for that period of a judge referred to in paragraph 10(b) remains the same as the ratio between $235,700 and $198,000.

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) The other judges of the Federal Court of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Associate Chief Justice of the Federal Court

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) The other judges of the Trial Division, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

Marginal note:R.S., c. 51 (4th Supp.), s. 13

3. Paragraphs 11(a) to (c) of the Act are replaced by the following:

(a) The Chief Judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000;

(b) The Associate Chief Judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Associate Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Associate Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Associate Chief Judge and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000; and

(c) The other judges, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

(a) The Chief Justice and the Associate Chief Justice of Ontario, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Fourteen Justices of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice and the Associate Chief Justice of the Superior Court of Justice, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) One hundred and ninety-two other judges of the Superior Court of Justice, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a puisne judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a puisne judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a puisne judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Eighteen puisne judges of the Court of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a puisne judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a puisne judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a puisne judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) One hundred and forty puisne judges of the Superior Court, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Seven other judges of the Court of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice and the Associate Chief Justice of the Supreme Court

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Twenty-three other judges of the Supreme Court, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment referred to in subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment referred to in subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment referred to in subsection 25(1).

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Five other judges of the Court of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice of the Court of Queen’s Bench

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Twenty-one other judges of the Court of Queen’s Bench, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Six Judges of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a puisne judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a puisne judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a puisne judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Thirty puisne judges of the Court of Queen’s Bench,

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Twelve Justices of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice of the Supreme Court

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000;

(c.1) The Associate Chief Justice of the Supreme Court

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Eighty-one other judges of the Supreme Court, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Two other judges of the Appeal Division, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice of the Trial Division

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Three other judges of the Trial Division, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

Marginal note:R.S., c. 39 (3rd Supp.), subpar. 1(1)(c)(iii)

11. Paragraphs 19(a) to (d) of the Act are replaced by the following:

(a) The Chief Justice of Saskatchewan

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Six Judges of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice of the Court of Queen’s Bench

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Twenty-nine other judges of the Court of Queen’s Bench, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a justice referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Ten Justices of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between their respective salaries and the salary for that period of a justice referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Fifty-five other Justices of the Court of Queen’s Bench, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, and the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (b) remains the same as the ratio between $217,100 and $198,000;

(b) Five Judges of Appeal, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1);

(c) The Chief Justice of the Trial Division

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000,

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and

(d) Eighteen other judges of the Trial Division, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

Marginal note:R.S., c. 39 (3rd Supp.), subpar. 1(1)(c)(iv)

14. (1) Paragraphs 22(1)(a) and (b) of the Act are replaced by the following:

(a) The senior judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1); and

(b) The other judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

(2) Paragraphs 22(2)(a) and (b) of the Act are replaced by the following:

(a) The senior judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1); and

(b) The two other judges, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

Marginal note:1999, c. 3, s. 72

(3) Paragraphs 22(2.1)(a) and (b) of the Act are replaced by the following:

(a) The senior judge

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1); and

(b) The two other judges, each

(i) for the period beginning April 1, 2000 and ending March 31, 2001, $198,000,

(ii) for the period beginning April 1, 2001 and ending March 31, 2002, $200,000, plus the annual adjustment calculated under subsection 25(1),

(iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount received for the period referred to in subparagraph (ii), plus $2,000 and the annual adjustment calculated under subsection 25(1), and

(iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount received for the period referred to in subparagraph (iii), plus $2,000 and the annual adjustment calculated under subsection 25(1).

15. The Act is amended by adding the following after section 22:

Marginal note:Rounding of amounts

23. A salary referred to in any of sections 9 to 22 that is not a multiple of one hundred dollars shall be rounded down to the next lowest multiple of one hundred dollars.

25. (1) For the twelve month periods commencing April 1, 2001, April 1, 2002 and April 1, 2003, the annual adjustment referred to in sections 9 to 22 shall be the amount obtained by multiplying

(a) the salary annexed to that office for the twelve month period immediately preceding the twelve month period in respect of which the salary is to be determined plus $2,000

by

(b) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year less one hundred per cent, or seven per cent, whichever is less.

Marginal note:Annual adjustment of salary

(2) The salary annexed to an office of judge in sections 9 to 22 for the twelve month period commencing April 1, 2004, and for each subsequent twelve month period, shall be the amount obtained by multiplying

(a) the salary annexed to that office for the twelve month period immediately preceding the twelve month period in respect of which the salary is to be determined

by

(b) the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year, or one hundred and seven per cent, whichever is less.

Marginal note:Meaning of certain expressions

(3) For the purposes of this section,

(a) in relation to any twelve month period in respect of which the annual adjustment or the salary is to be determined, the “first adjustment year” is the most recent twelve month period for which the Industrial Aggregate is available on the first day of the period in respect of which the annual adjustment or the salary is to be determined, and the “second adjustment year” is the twelve month period immediately preceding the first adjustment year; and

(b) the “Industrial Aggregate” for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act.

Marginal note:1998, c. 30, s. 5

17. Subsection 26(6.2) of the French version of the Act is replaced by the following:

26.3 (1) The Commission may identify those representatives of the judiciary participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.

Marginal note:Entitlement to payment of costs

(2) A representative of the judiciary identified under subsection (1) who participates in an inquiry of the Commission is entitled to be paid, out of the Consolidated Revenue Fund, one-half of the costs determined under subsection (3) in respect of his or her participation.

Marginal note:Determination of costs

(3) A prothonotary of the Federal Court of Canada shall determine the amount of costs, on a solicitor-and-client basis, as if the assessment of costs were an assessment of costs under subsection 413(1) of the Federal Court Rules, 1998, with any modifications that the circumstances require.

Marginal note:Application

(4) This section applies to costs incurred in relation to participation in any inquiry of the Commission conducted after September 1, 1999.

Marginal note:1989, c. 8, s. 10; 1999, c. 3, s. 73(1)

19. (1) Subsections 27(1) and (2) of the Act are replaced by the following:

Marginal note:Allowance for incidental expenditures actually incurred

27. (1) On and after April 1, 2000, every judge in receipt of a salary under this Act is entitled to be paid, up to a maximum of $5,000 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of judge may require, to the extent that the judge has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.

Marginal note:Additional allowance for northern judges

(2) On and after April 1, 2000, there shall be paid to each judge of the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $12,000 as compensation for the higher cost of living in the territories.

(7) On and after April 1, 2000, the maximum yearly amounts of the representational allowance referred to in subsection (6) are as follows:

(a) The Chief Justice of Canada$18,750

(b) Each puisne judge of the Supreme Court of Canada$10,000

(c) The Chief Justice of the Federal Court and each chief justice described in sections 12 to 21 as the chief justice of a province$12,500

(d) Each other chief justice referred to in sections 10 and 12 to 21$10,000

(e) The senior judge of the Supreme Court of the Yukon Territory, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice, each$10,000

(f) The Chief Judge of the Tax Court of Canada$10,000

(g) The Chief Justice of the Court of Appeal of the Yukon Territory, the Chief Justice of the Court of Appeal of the Northwest Territories and the Chief Justice of the Court of Appeal of Nunavut, each$10,000

(h) The Chief Justice of the Court Martial Appeal Court of Canada$10,000

20. The Act is amended by adding the following after section 41:

Special Retirement Provision — Supreme Court of Canada Judges

Marginal note:Retired judge may continue to hold office

41.1 (1) A judge of the Supreme Court of Canada who has retired may, with the approval of the Chief Justice of Canada, continue to participate in judgments in which he or she participated before retiring, for a period not greater than six months after the date of the retirement.

Marginal note:Salary, etc.

(2) A retired judge participating in judgments shall receive

(a) the salary annexed to the office during that period less any amount otherwise payable to him or her under this Act in respect of the period, other than those amounts described in paragraphs (b) and (c);

(b) an amount that bears the same ratio to the allowance for incidental expenditures actually incurred referred to in subsection 27(1) that the number of months in the period bears to twelve; and

(c) the representational allowance referred to in subsection 27(6) for the period, as though the appropriate maximum referred to in subsection 27(7) were an amount that bears the same ratio to that allowance that the number of months in the period bears to twelve.

Marginal note:No extra remuneration

(3) Section 57 applies with respect to a judge to whom this section applies.

Benefits

Marginal note:Life insurance

41.2 (1) The Treasury Board shall establish, or enter into a contract to acquire, an insurance program for judges covering the following, on terms and conditions similar to those contained in the Public Service Management Insurance Plan and the public service management insurance directives that apply to executives:

(a) basic life insurance;

(b) supplementary life insurance;

(c) post-retirement life insurance;

(d) dependants’ insurance; and

(e) accidental death and dismemberment insurance.

Marginal note:Administration

(2) The Treasury Board may

(a) set terms and conditions in respect of the program, including those respecting premiums or contributions payable, benefits, and management and control of the program;

(b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and

(c) undertake and do all things it considers appropriate for the purpose of administering or supervising the program.

Marginal note:Non-application of certain regulations

(3) A contract entered into under this section is not subject to any regulation with respect to contracts made by the Treasury Board under the Financial Administration Act.

Marginal note:Compulsory participation

(4) Participation in basic life insurance under paragraph (1)(a) is compulsory for all judges.

Marginal note:Transitional

(5) A judge who holds office on the day on which this section comes into force may, despite subsection (4), elect, at any time within ninety days after that day,

(a) to participate in basic life insurance under paragraph (1)(a) but have his or her coverage under it limited to 100 per cent of salary at the time of his or her death; or

(b) not to participate in basic life insurance.

Marginal note:Transitional

(6) Subject to subsection (7), on the coming into force of this section, judges shall no longer be eligible for coverage under any other life insurance program established by the Treasury Board.

Marginal note:Supplementary life insurance

(7) Those judges covered by supplementary life insurance on the coming into force of this section may have their coverage continued under the insurance program for judges, unless they have made an election under paragraph (5)(b).

Marginal note:Health and dental care benefits

41.3 (1) Judges shall be eligible to participate in the Public Service Health Care Plan and the Public Service Dental Care Plan established by the Treasury Board, on the same terms and conditions as apply to employees in the executive group.

Marginal note:Health and dental care benefits for retired judges

(2) Judges who are in receipt of an annuity under this Act shall be eligible to participate in the Public Service Health Care Plan and the Pensioners’ Dental Services Plan established by the Treasury Board, on the same terms and conditions as apply to pensioners.

Marginal note:Administration

(3) Subject to subsections (1) and (2), the Treasury Board may

(a) set any terms and conditions in respect of those plans, including those respecting premiums or contributions payable, benefits, and management and control of the plans;

(b) make contributions and pay premiums or benefits, as required, out of the Consolidated Revenue Fund; and

(c) undertake and do all things it considers appropriate for the purpose of administering or supervising the plans.

Marginal note:Accidental death in the exercise of duties

41.4 (1) Compensation, within the meaning of the Government Employees Compensation Act, shall be paid to the dependants of a judge whose death results from an accident arising out of or in the performance of judicial duties, on the same basis as that paid to dependants eligible for compensation under that Act.

Marginal note:Flying accidents causing death

(2) Regulations made under section 9 of the Aeronautics Act apply with respect to a judge whose death results from an accident arising out of or in the performance of judicial duties.

Marginal note:Death resulting from act of violence

(3) Compensation shall be paid to the survivors of a judge whose death results from an act of violence unlawfully committed by another person or persons that occurs while the judge is performing judicial duties, on the same basis as that paid to the survivors of employees slain on duty within the meaning of the Public Service Income Benefit Plan for Survivors of Employees Slain on Duty, with any modifications that the circumstances require.

Marginal note:Application

(4) Subsections (1) to (3) apply to deaths that occur on or after April 1, 2000.

Marginal note:Delegation

41.5 (1) The Treasury Board may authorize the President or Secretary of the Treasury Board to exercise and perform, in such manner and subject to such terms and conditions as the Treasury Board directs, any of the powers and functions of the Treasury Board under sections 41.2 and 41.3 and may, from time to time as it sees fit, revise or rescind and reinstate the authority so granted.

Marginal note:Subdelegation

(2) The President or Secretary of the Treasury Board may, subject to and in accordance with the authorization, authorize one or more persons under his or her jurisdiction or any other person to exercise or perform any of those powers or functions.

21. The Act is amended by adding the following after section 43:

Prorated Annuities — Early Retirement

Marginal note:Fifty-five years of age and ten years in office

43.1 (1) The Governor in Council shall grant to a judge who has attained the age of fifty-five years, who has continued in judicial office for at least ten years and who elects early retirement, at the option of the judge, an immediate annuity or a deferred annuity, calculated in accordance with this section.

Marginal note:Calculation of amount of deferred annuity

(2) The amount of the deferred annuity shall be two-thirds of the amount of the salary annexed to the judge’s office at the time of the election multiplied by a fraction, the numerator of which is the number of years, to the nearest one-tenth of a year, during which the judge has continued in judicial office and the denominator of which is the number of years, to the nearest one-tenth of a year, during which the judge would have been required to serve in judicial office in order to be eligible to be granted an annuity under paragraph 42(1)(a).

Marginal note:Immediate annuity

(3) If a judge exercises the option to receive an immediate annuity, the amount of that annuity is equal to the amount of the deferred annuity, reduced by the product obtained by multiplying

(a) five per cent of the amount of the deferred annuity

by

(b) the difference between sixty and his or her age in years, to the nearest one-tenth of a year, at the time he or she exercises the option.

Marginal note:Second exercise of option

(4) A judge whose option was to receive a deferred annuity may, between the date of that option and the date on which the deferred annuity would be payable, opt for an immediate annuity. The Governor in Council shall, in that case, grant an immediate annuity to the judge from the date of the second option.

Marginal note:Survivor’s annuity

(5) On the death of a judge who has been granted an immediate annuity or a deferred annuity under subsection (1) or (4), the annuity granted to a survivor under subsection 44(2) shall be determined as if the judge were in receipt of a deferred annuity.

Marginal note:Definitions

(6) The definitions in this subsection apply in this section.

“deferred annuity”

« pension différée »

“deferred annuity” means an annuity that becomes payable to a judge at the time that he or she reaches sixty years of age and that continues to be paid during the life of the judge.

“immediate annuity”

« pension immédiate »

“immediate annuity” means an annuity that becomes payable to a judge at the time that he or she exercises an option to receive the annuity and that continues to be paid during the life of the judge.

Marginal note:1996, c. 30, s. 3; 2000, c. 12, par. 169(a)

22. Subsection 44(3) of the Act is repealed.

23. The Act is amended by adding the following after section 44:

Marginal note:Election for enhanced annuity to survivor

44.01 (1) Subject to the regulations, a judge may elect to have the annuity to be granted to his or her survivor increased so that it is calculated as if the reference to “one-half” in subsection 44(2) were read as a reference to “sixty per cent” or “seventy-five per cent”.

Marginal note:Reduction of annuity

(2) If a judge makes the election, the amount of the annuity granted to the judge shall be reduced in accordance with the regulations as of the date the election takes effect, but the combined actuarial present value of the reduced annuity and the annuity that would be granted to the survivor may not be less than the combined actuarial present value of the annuity granted to the judge and the annuity that would be granted to the survivor, immediately before the reduction is made.

Marginal note:Election to take effect at time of retirement

(3) Subject to subsection (6), an election under this section takes effect on the date that the judge ceases to hold office.

Marginal note:Death within one year after election

(4) Despite anything in this section, when a judge dies within one year after the election takes effect, the annuity payable to the survivor remains that payable under subsection 44(2) and the amount representing the reduction that was made in the amount of the judge’s annuity under subsection (2) shall be repaid to the judge’s estate or succession, together with interest at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

Marginal note:Regulations

(5) The Governor in Council may make regulations respecting

(a) the time, manner and circumstances in which an election is made, is deemed to have been made or is deemed not to have been made, is revoked or is deemed to have been revoked, or ceases to have effect, and the retroactive application of that making, revocation or cessation;

(b) the reduction to be made in the amount of a judge’s annuity when the election is made;

(c) the calculation of the amount of the annuity to be paid to the judge and the survivor under subsection (2);

(d) the time, manner and circumstances in which a reduction of a judge’s annuity may be returned and interest may be paid; and

(e) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

Marginal note:Transitional

(6) A judge who is in receipt of an annuity on the day on which this section comes into force may make his or her election in accordance with the regulations, and the election takes effect on the day this section comes into force.

Marginal note:Limitation on annuity to survivor

(7) Despite anything in this section, no election may be made under this section for the benefit of a spouse or common-law partner of a judge unless that person was the spouse or common-law partner at the date the judge ceased to hold office.

24. Section 44.2 of the Act, as enacted by section 163 of the Modernization of Benefits and Obligations Act, chapter 12 of the Statutes of Canada, 2000, is replaced by the following:

Marginal note:Election for former judges

44.2 (1) Subject to the regulations, a judge to whom an annuity has been granted may elect to reduce his or her annuity so that an annuity may be paid to a person who, at the time of the election, is the spouse or common-law partner of the judge but to whom an annuity under section 44 may not be granted.

Marginal note:Reduction of annuity

(2) If a judge makes the election, the amount of the annuity granted to the judge shall be reduced in accordance with the regulations, but the combined actuarial present value of the reduced annuity and the annuity that would be granted to the spouse or common-law partner under subsection (3) may not be less than the actuarial present value of the annuity granted to the judge immediately before the reduction is made.

Marginal note:Payment to person in respect of whom election is made

(3) When the judge dies, the Governor in Council shall grant to a spouse or common-law partner in respect of whom an election was made an annuity in an amount determined in accordance with the election, subsection (2) and the regulations.

Marginal note:Death within one year after election

(3.1) Despite anything in this section, when a judge dies within one year after making the election, the election is deemed not to have been made and the amount representing the reduction that was made in the amount of the judge’s annuity under subsection (2) shall be repaid to the judge’s estate or succession, together with interest at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

Marginal note:Regulations

(4) The Governor in Council may make regulations respecting

(a) the time, manner and circumstances in which an election is made, is deemed to have been made or is deemed not to have been made, is revoked or is deemed to have been revoked, or ceases to have effect, and the retroactive application of that making, revocation or cessation;

(b) the reduction to be made in the amount of a judge’s annuity when an election is made;

(c) the amount of the annuity to be paid under subsection (3);

(d) the time, manner and circumstances in which a reduction of a judge’s annuity may be returned and interest may be paid; and

(e) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

Marginal note:1999, c. 31, s. 240

25. Subsection 50(3) of the Act is replaced by the following:

Marginal note:Reduction of contributions

(2.1) A supernumerary judge, a judge who continues in judicial office after having been in judicial office for at least fifteen years and whose combined age and number of years in judicial office is not less than eighty, or a judge referred to in section 41.1 is not required, on or after April 1, 2000, to contribute under subsections (1) and (2) but is required to contribute, by reservation from salary, to the Supplementary Retirement Benefits Account, in respect of the period beginning on that day, at a rate of one per cent of his or her salary.

Marginal note:Interest

(2.2) Interest is payable on all contributions refunded as a result of the application of subsection (2.1) at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.

Marginal note:Income Tax Act

(3) For the purposes of the Income Tax Act, the amounts contributed by a judge pursuant to subsection (1), (2) or (2.1) are deemed to be contributed to or under a registered pension plan.

CONSEQUENTIAL AMENDMENT

R.S., c. S-24Supplementary Retirement Benefits Act

26. Clause (b)(ii)(B) of the definition “recipient” in subsection 2(1) of the Supplementary Retirement Benefits Act is replaced by the following:

(B) paragraph 42(1)(c) or section 43.1 of the Judges Act,

COMING INTO FORCE

Marginal note:Coming into force

27. (1) Section 41.2 of the Judges Act, as enacted by section 20 of this Act, comes into force on a day to be fixed by order of the Governor in Council.

Marginal note:Coming into force

(2) Sections 23 and 24 come into force on a day or days to be fixed by order of the Governor in Council.

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